South Dakota Statutes
§ 53-9-5 — Contracts fixing damages void, exception.
South Dakota § 53-9-5
This text of South Dakota § 53-9-5 (Contracts fixing damages void, exception.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 53-9-5 (2026).
Text
Every contract in which amount of damage or compensation for breach of an obligation is determined in anticipation thereof is void to that extent except the parties may agree therein upon an amount presumed to be the damage for breach in cases where it would be impracticable or extremely difficult to fix actual damage.
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Related
Heikkila v. Carver
378 N.W.2d 214 (South Dakota Supreme Court, 1985)
Walter Motor Truck Co. v. State Ex Rel. Department of Transportation
292 N.W.2d 321 (South Dakota Supreme Court, 1980)
Council of Higher Education v. South Dakota Board of Regents
2002 SD 55 (South Dakota Supreme Court, 2002)
Larsen v. Metropolitan Life Insurance (In Re Larsen)
122 B.R. 733 (D. South Dakota, 1990)
In Re Tri-State Ethanol Co. LLC
354 B.R. 913 (D. South Dakota, 2006)
Legislative History
CivC 1877, §§ 956, 957; CL 1887, §§ 3580, 3581; RCivC 1903, §§ 1274, 1275; RC 1919, §§ 895, 896; SDC 1939, § 10.0704.
Nearby Sections
15
Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 53-9-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/53-9-5.